Federal Court of Australia
Federal Court of Australia
Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd (No 2) [2021] FCA 894 File number: NSD 1389 of 2019
Judgment of: YATES J
Date of judgment: 4 August 2021
Catchwords: PRACTICE AND PROCEDURE – application to impose additional conditions on a grant of leave to adduce and rely on further affidavit evidence served out of time
Legislation: Federal Court Rules 2011 (Cth) r 1.33
Cases cited: Adam P Brown Male Fashions Proprietary Limited v Philip Morris Incorporated [1981] HCA 39; 148 CLR 170 Brimaud v Honeysett (1988) 217 ALR 44 Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd [2020] FCA 1895 Ceramic Fuel Cells Limited (in liq) v McGraw-Hill Financial, Inc [2016] FCA 401; 245 FCR 340 Hutchinson v Nominal Defendant [1972] 1 NSWLR 443 Kraft Foods Group Brands LLC v Bega Cheese Ltd (No 4) [2018] FCA 1055 Sabre Corporation Pty Ltd v Russ Calvin's Hair Care Company (1993) 46 FCR 428 Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 890
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 58
Date of hearing: 21 July 2021
Counsel for the Applicant: Mr T Bannon SC, Mr M Green SC, Ms S Stewart
Solicitors for the Applicant: Clayton Utz
Counsel for the Respondents: Mr R Cobden SC, Mr E Heerey QC, Ms G Rubagotti
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